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HomeMy WebLinkAbout20071824.tiff Legal Instrument Identifying Applicants Interest In Property 2007-1824 ,^ LANDPROFESSIONALS,LLC Phone: (970)535-4941 Fax: (970)535-9854 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. (CBS 3-7-04) I 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD 5 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 6 7 CONTRACT TO BUY AND SELL REAL ESTATE 8 (VACANT LAND-FARM-RANCH) 9 10 Date: October 24, 2006 11 i 12 eilliMPIIPurchase Price: S el 13 et 14 I. AGREEMENT. Buyer agrees to buy,and the undersigned Seller agrees to sell,the Property I5 defined below on the terms and conditions set forth in this contract. 16 2. DEFINED TERMS. 17 a. Buyer. Buyer,Donald Eymann and/or assigns, 18 will take title to the real property described below as El Joint Tenants ❑ Tenants En Common 19 ❑ Other N/A. 20 b. Property. The Property is the following legally described real estate: 21 A PART OF THE NW4 25-1-68 LYING E OF UPRR R/W & WLY OF BULL CANAL EXC UPER RES, BEING 13 ACRES MORE OR LESS. The title commitment shall define the exact legal description of the property. 23 in the County of Weld,Colorado,commonly known as No. 24 TBD WCR 6 Dacono CO 80514 25 Street Address City State Zip 26 together with the interests,easements,rights,benefits, improvements and attached fixtures appurtenant 27 thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 28 c. Dates and Deadlines. 29 Item No. Reference Event Date or Deadline I §5a Loan Application Deadline December 18, 2006 2 §5b Loan Commitment Deadline June 29, 2007 3 § 5c Buyer's Credit Information Deadline _ N/A 4 §5c Disapproval of Buyer's Credit Deadline N/A _ 5 § 5d Existing Loan Documents Deadline N/A 6 §5d Objection to Existing Loan Documents Deadline N/A 7 § Sd Approval of Loan Transfer Deadline N/A 8 §6a(4) Appraisal Deadline _ April 27, 2007 9 § 7a Title Deadline November 13, 2006 10 § 7c Survey Deadline See paragraph 24e I I § 8c Survey Objection Deadline November 24, 2006 _ _ 12 § 7b Document Request Deadline November 13, 2006 13 §8a Title Objection Deadline November 24, 2006 14 § 8b Off-Record Matters Deadline November 13, 2006 15 §8b Off-Record Matters Objection Deadline November 24, 2006 _ _ 16 § 10 Seller's Property Disclosure Deadline N/A 17 § I0a Inspection Objection Deadline December 18, 2006 - 18 § I0b Resolution Deadline December 20, 2006 19 § loe Property Insurance Objection Deadline November 24, 2006 "-- 20 * 1 I Closing Date see paragraph 24b CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCID)j10/272006 I I:38Page 1 nr 11Buyer initials /___e- Seller initials ,.) + '4,i' 1 21 § 16 Possession Date at Closing 22 § 16 Possession Time at Closing 23 § 27 Acceptance Deadline Date October 30, 2006 24 §27 Acceptance Deadline Time 5:00 p.m. 25 N/A N/A N/A 26 N/A N/A N/A 30 31 d. Attachments. The following are a part of this contract: 32 (I) Exhibit A 34 Note: The following disclosure forms are attached but are not a part of this contract: 35 • (1) money Promissory Note in the amount of - (2) Earnest Money Promissory Note in the amount of de (3) Closing Instructions (4) Change of Status - Transaction-Brokerage Disclosure (5) Brokerage Disclosure to Buyer (6) Brokerage Duties Disclosure to Seller (7) Definitions of Working Relationships 37 e. Applicability of Terms. A check or similar mark in a box means that such provision is 38 applicable. The abbreviation"N/A"means not applicable.The abbreviation"MEC"(mutual execution of 39 this contract)means the latest date upon which both parties have signed this contract. 40 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items 41 (Inclusions): 42 a. Fixtures. If attached to the Property on the date of this contract,lighting,heating, 43 plumbing,ventilating,and air conditioning fixtures,inside telephone wiring and connecting blocks/jacks, 44 plants,mirrors. floor coverings, intercom systems,sprinkler systems and controls;and N/A 47 b. Exclusions. The following attached fixtures are excluded from this sale: 48 N/A 49 c. Personal Property. If on the Property whether attached or'not on the date of this contract: 50 storm windows,stone doors,window and porch shades,awnings,blinds,screens,window coverings,curtain 51 rods,drapery rods,storage sheds,and all keys. If checked,the following are included: ❑ Smoke/Fire 52 Detectors, ❑ Security Systems,and N/A 54 d. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall be 55 conveyed, by Seller, Free and clear of all taxes,(except personal property taxes for the year of closing), liens 56 and encumbrances,except N/A. 57 Conveyance shall be by bill of sale or other applicable legal instrument. 58 e. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: 59 N/A. 62 f. Water Rights. The following legally described water rights; 63 N/A 65 Any water rights shall be conveyed by N/A deed or other applicable legal instrument. 66 g. Growing Crops. With respect to growing crops,Seller and Buyer agree as follows: (1) Buyer shall give Seller 30 days prior notice before commencement of construction or earth work in order for Seller to harvest any crops currently growing on property. 70 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. 71 Dollars by Buyer as follows: 72 CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) Ill/27/290S.I I:38Page 2 of II Buyer initials , J. C Seller initials l-4$ . - _,, Item No. Reference Item _ Amount Amount 1 §4 Purchase Price S 4111/811.11/11 2 §4a Earnest Money S 4111.10 (See paragraph 24c) 3 §4b(1) New First Loan / TBD 4 §4b(2) New Second Loan '. N/A 5 §4c Assumption Balance N/A 6 §4d Seller or Private Financing N/A _ 7 N/A ' N/A N/A N/A 8 N/A N/A N/A N/A 9 §4e Cash at Closing ImismuF rt0 TOTAL $ $ OINIMMIlf:'. 73 Note: If there is an inconsistency between the Purchase Price on the first page sad this§44 the amount in 74 §4 shall control. 75 a. Earnest Money. The Earnest Money set forth in this section, in the form of two separate Earnest Money Promissory Notes, one in the amount of dilimapand one in the amount of gliallinl, 76 is part payment of the Purchase Price and shall be payable to and held by North American Title Company, 77 (Earnest Money Holder)in its trust account,on behalf of both Seller and Buyer.The Earnest Money deposit 78 shall be tendered with this contract unless the parties mutually agree and set forth a different deadline in 79 writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing company, 80 if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money 81 deposits transferred to a fund established for the purpose of providing affordable housing to Colorado 82 residents,Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited 83 with the Earnest Money Holder in this transaction shall be transferred to such fund. 84 b. New Loan. 85 (I) New First Loan. Buyer shall obtain a new loan set forth in this section as 86 follows: ❑ Conventional 0 Other TBD 87 This loan will be secured by a N/A (1st,2nd,etc.)deed of trust. 88 The total loan amount,not in excess of$N/A,shall be amortized over a 89 period of N/A ❑ Years ❑ Months,payable at approximately$N/A per N/A 90 including principal and interest not to exceed N/A%per annum,plus,if required by 91 Buyer's lender,a deposit of N/A of the estimated annual real estate taxes and property insurance 92 premium. lithe loan is an adjustable interest rate or graduated payment loan,the payments and interest rate 93 initially shall not exceed the figures set forth above. 94 Loan discount points,if any,shall be paid to lender at Closing and shall not exceed N/A%of the 95 total loan amount. Notwithstanding the loan's interest rate,the first N/A loan discount points shall be paid by 96 N/A,and the balance,if any,shall be paid by N/A. 97 Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed N/A%of the 98 loan amount. 99 (2) New Second Loan. OMITTED AS INAPPLICABLE. 1 I I c. Assumption. OMITTED AS INAPPLICABLE. 126 d. Seller or Private Financing. OMITTED AS INAPPLICABLE. 148 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing,plus 149 Buyer's closing costs,shall be in funds which comply with all applicable Colorado laws,which include cash, 150 electronic transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds). 15I 5, FINANCING CONDITIONS AND OBLIGATIONS. 152 a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new 153 loan,or if an existing loan is not to he released at Closing.Buyer,if required by such lender,shall make a 154 verifiable application by Loan Application Deadline(§2c). Buyer shall cooperate with Seller and lender to 155 obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all ('BS 3-7-04 CONTRA��e'T TO xJJY ANt)SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10127/2006 I I:38Page 3 of 11 Buyer initials "!f' Seller initials II. +C ,f 'r 156 information and documents required by lender,and,subject to§4b(I)and(2)and§4c,timely pay the costs —. 157 of obtaining such loan or leillISIIIIIMpuyer agrees to satisfy the reasonable requirements of lender,and 158 shale the loan or assumption application,nor intentionally cause any change in circumstances 159 that would prejudice lender's approval of the loan application or funding of the loan. Buyer may obtain 160 different financing provided Seller incurs no additional delay,cost or expense,and provided Buyer is 161 approved for such substitute loan. 162 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new 163 loan as specified in§4b.this contract is conditional upon Buyer obtaining a written loan commitment.This 164 condition shall be deemed waived unless Seller receives from Buyer,no later than Loan Commitment 165 Deadline(§2c),written notice of Buyer's inability to obtain such loan commitment. If Buyer so notifies 166 Seller,this contract shall terminate. IF SELLER DOES NOT RECEIVE WRITTEN NOTICE TO 167 TERMINATE AND BUYER DOES NOT CLOSE,BUYER SHALL BE IN DEFAULT. 168 c. Credit Information. If Buyer is to pay all or part of the Purchase Price by executing a 169 promtill,fiPllifavor of Sc lcr or if an existing loan is not to be released at Closing, this contract is 170 cond �lcr's ap�'s financial ability and creditworthiness,which approval shall be 171 at Seller's sole and absolute discretion. In such case: (I)Buyer shall supply to Seller by Buyer's Credit 172 Information Deadline(§2c),at Buycr's'expense.information and documents concerning Buyer's financial, 173 employment and credit condition;(2)Buyer consents that Seller may verify Buyer's financial ability and 174 c it%orthine s(including obtaining a current credit re ort ; 3 a such information and documents 175 er shall be held by Seller in confidence, sed to others except to protect Seller's 176 interest in this transaction;(4)if Seller does not provide written notice of Seller's disapproval to Buyer by 177 Disapproval of Buyer's Credit Deadline(§2c),then Seller waives this condition. If Seller does provide 178 written notice of disapproval to Buyer on or before said date,this contract shall terminate. 179 d. Existing Loan Review. If an existing loan is not to be released at Closing,Seller shall 180 provide copies of the loan documents(including note,deed of trust,and any modifications)to Buyer by 181 Existing Loan Documents Deadline(§2c).This contract is conditional upon Buyer's review and approval 182 of the provisions of such loan documents. if written notice of objection to such loan documents,signed by 183 Buyer,is not received by Seller by the Objection to Existing Loan Documents Deadline(§2c),Buyer 184 accepts the terms and conditions of the documents. If the lender's approval of a transfer of the Property is 185 required,this contract is conditional upon Buyer obtaining such approval without change in the terms of such 186 loan,except as set forth in§4c. If lender's approval is not obtained by Approval of Loan Transfer 187 Deadline(§2c),this contract shall terminate on such date. If Seller is to be released from liability under 188 such existing loan and Buyer does not obtain such compliance as set forth in§4c,this contract may be 189 terminated at Seller's option. 190 6. APPRAISAL PROVISIONS. 191 a. Appraisal Condition. This subsection a. 0 Shall ❑ Shall Not apply. 192 193 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds 194 the Property's valuation determined by an appraiser engaged by Buyer or Buyer's Lender. The contract shall 195 terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written 196 notice from lender which confirms the Property's valuation is less than the Purchase Price,received on or 197 before Appraisal Deadline(§2c). If Seller does not receive such written notice of tenmination on or before 198 Appraisal Deadline(§2c), Buyer waives any right to terminate under this subsection. 199 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall 200 be timely paid by Cl Buyer ❑ Seller. 201 7. EVIDENCE OF TITLE 202 a. Evidence of Title. On or before Title Deadline(§2c),Seller shall cause to be furnished to 203 Buyer.at Seller's expense,a current commitment for owner's title insurance policy(Title Commitment)in an 204 amount equal to the Purchase Price,or if this box is checked, ❑ An Abstract of title certified to a current 205 date. At Seller's expense,Seller shall cause the title insurance policy to be issued and delivered 206 to Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished,it 207 ❑ Shall 0 Shall Not commit to delete or insure over the standard exceptions which relate to: 208 (1) parties in possession, 209 (2) unrecorded easements, 210 (3) survey matters, 211 (4) any unrecorded mechanic's liens, 212 (5) gap period(effective date of commitment to date deed is recorded),and "`- CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/27.'2006 11:38Page 4 of I I Buffer initials c� /'' Seller initials H• �i ;J 213 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. 214 Any additional premium expense to obtain this additional coverage shall he paid by T Buyer 215 ❑ Seller. 216 b. Copies of Exceptions. On or before Title Deadline(§2c),Seller,at Seller's expense.shall 217 furnish to Buyer and Seller and Listing Brokerage,(1)a copy of any 218 plats,declarations.covenants,conditions and restrictions burdening the Property,and(2)if a title insurance 219 commitment is required to be furnished,and if this box is checked i Copies of any Other Documents(or, 220 if illegible.summaries of such documents)listed in the schedule of exceptions(Exceptions). Even if the box 221 is not checked.Seller shall have the obligation to furnish these documents pursuant to this subsection if 222 requested by Buyer any time on or before the Document Request Deadline(§2c). This requirement shall 223 pertain only to documents as shown of record in the offices of the clerk and recorder. The abstract or title 224 insurance commitment,together with any copies or summaries of such documents furnished pursuant to this 225 section,constitute the title documents(Title Documents). 226 c. Survey. On or before Survey Deadline(§2c). ❑ Seller [] Buyer shall cause Buyer and 227 the issuer of the Title Commitment or the provider of the opinion of title if an abstract,to receive a current 228 ❑ Improvement Survey Plat ❑ Improvement Location Certificate 0 See paragraph 24e 229 (the description checked is known as Survey). An amount not to exceed$N/A for Survey shall be 230 paid by ❑ Buyer ❑ Seller.,if the cost exceeds this amount, N/A shall pay the 231 excess on or before Closing. x • 232 R. TITLE AND SURVEY REVIEW. 233 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by 234 Buyer of unmerchantability of title,form or content of Title Commitment or of any other unsatisfactory title 235 condition shown by the Title Documents,notwithstanding§ 12,shall be signed by or on behalf of Buyer and 236 given to Seller on or before Title Objection Deadline(§2c).or within five(5)calendar days after receipt by 237 Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy of 238 the document adding any new Exception to title. If Seller does not receive Buyer's notice by the date 239 specified above. Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 24(1 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before 241 Off-Record Matters Deadline(§2c)true copies of all leases and surveys in Seller's possession pertaining to 242 the Property and shall disclose to Buyer all easements,liens(including,without limitation,governmental 243 improvements approved,but not yet installed)or other title matters(including.without limitation,rights of 244 first refusal,and options)not shown by the public records of which Seller has actual knowledge. Buyer shall 245 have the right to inspect the Property to determine if any third party has any right in the Property not shown 246 by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy). 247 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, 248 notwithstanding§ 12,shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record 249 Matters Objection Deadline(§2c). if Seller does not receive Buyer's notice by said date.Buyer accepts 250 title subject to such rights,if any,of third parties of which Buyer has actual knowledge. 251 c. Survey Review. Buyer shall have the right to inspect Survey. if written notice by or on 252 behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding§8b or§ 12,is received 253 by Seller on or before Survey Objection Deadline(§ 2c)then such objection shall be deemed an 254 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline(§ 255 2c),Buyer accepts Survey as satisfactory. 256 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO 257 GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL 258 TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN 259 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX 260 BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE 261 RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SL CH INDEBTEDNESS 262 WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT 263 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF 264 SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, 265 AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 266 In the event the Property is located within a special taxing district and Buyer desires to terminate 267 this contract as a result,if written notice is received by Seller on or before Off-Record Matters Objection 268 Deadline(§ 2c),this contract shall then terminate. If Seller does not receive Buyer's notice by such date, CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/2T/2006 I I:38Page 5 of I I S Buyer initials ,--- Seller initials y•,T. A • ) 269 Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the right to 270 terminate. 271 e. Right to Object,Cure. Buyer's right to object shall include,but not be limited to those 272 matters listed in§ 12. If Seller receives notice of unmerchantability of title or any other unsatisfactory title 273 condition or commitment terms as provided in subsections 8 a,b,c and d above.Seller shall use reasonable 274 efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such 275 unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this contract shall 276 then terminate;provided,however,Buyer may,by written notice received by Seller on or before Closing, 277 waive objection to such items. 278 f. Title Advisory. The Title Documents affect the title,ownership and use of the Property 279 and should be reviewed carefully. Additionally,other matters not reflected in the Title Documents may 280 affect the title,ownership and use of the Property,including without limitation boundary lines and 281 encroachments,area,zoning,unrecorded easements and claims of easements,leases and other unrecorded 282 agreements,and various laws and governmental regulations concerning land use,development and 283 environmental matters. The surface estate may be owned separately from the underlying mineral estate, 284 and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third 285 parties may hold interests in oil,gas,other minerals,geothermal energy or water on or under the 286 Property,which interests may give them rights to enter and use the Property.Such matters may be 287 excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all 288 such matters as there arc strict time limits provided in this contract(e.g.,Title Objection Deadline(§ 2c1 and 289 Off-Record Matters Objection Deadline[§ 2c]). 290 9. LEAD-BASED PAINT. Unless exempt,if the improvements on the Property include one or more 291 residential dwellings for which a building permit was issued prior to January 1, 1978,this contract shall be 292 void unless a completed Lead-Based Paint Disclosure(Sales)form is signed by Seller and the required real 293 estate licensees,which must occur prior to the parties signing this contract. 294 10. PROPERTY DISCLOSURE,INSPECTION AND INSURABILITY; BUYER DISCLOSURE. 295 On or before Seller's Property Disclosure Deadline(§2c),Seller agrees to provide Buyer with a Seller's 296 Property Disclosure(Vacant Land)form completed by Seller to the best of Seller's current actual knowledge. 297 a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the 298 physical condition of the Property and Inclusions,at Buyer's expense. If the physical condition of the 299 Property or Inclusions is unsatisfactory in Buyer's subjective discretion,Buyer shall,on or before Inspection 300 Objection Deadline(§2c): 301 (I) notify Seller in writing that this contract is terminated,or 302 (2) provide Seller with a written description of any unsatisfactory physical condition 303 which Buyer requires Seller to correct(Notice to Correct). 304 If written notice is not received by Seller on or before Inspection Objection Deadline 1*2c),the 305 physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. 306 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller 307 have not agreed in writing to a settlement thereof on or before Resolution Deadline(§2c),this contract shall 308 terminate one calendar day following the Resolution Deadline(§2c),unless before such termination Seller 309 receives Buyer's written withdrawal of the Notice to Correct. 310 c. Insurability. This contract is conditioned upon Buyer's satisfaction,in Buyer's subjective 311 discretion,with the availability,terms,conditions and premium for property insurance. This contract shall 312 terminate upon Seller's receipt,on or before Property Insurance Objection Deadline(§2c)of Buyer's 313 written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received,Buyer 314 shall have waived any right to terminate under this provision. 315 d. Damage,Liens and Indemnity. Buyer is responsible for payment for all inspections, 316 surveys,engineering reports or for any other work performed at Buyer's request and shall pay for any damage 317 which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or 318 liens of any kind against the Property for inspections,surveys,engineering reports and for any other work 319 performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless 320 from and against any liability,damage,cost or expense incurred by Seller in connection with any such 321 inspection,claim,or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by 322 Seller to enforce this subsection,including Seller's reasonable attorney and legal fees. The provisions of this 323 subsection shall survive the termination of this contract. 324 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on CBS 3-7-04 CONTRAIO WJY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/27/T)6 I I:38Page 6 of 11 Buyer initials l l Seller initials 14-1/ 'A 383 shall be obligated to repair the same before the Closing Date(y 2c). In the event such damage is not 384 repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of 385 Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract 386 despite such damage,Buyer shall be entitled to a credit,at Closing,for all the insurance proceeds resulting 387 from such damage to the Property and Inclusions payable to Seller but not the owners' association,if any, 388 plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total 389 Purchase Price. 390 b. Damage,Inclusions and Services. Should any inclusion or service(including systems 39I and components of the Property,e.g. heating,plumbing,etc.) fail or he damaged between the date of this 392 contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or 393 replacement of such inclusion or service with a unit of similar size,age and quality,or an equivalent credit, 394 but only to the extent that the maintenance or replacement of such Inclusion,service or fixture is not the 395 responsibility of the owners'association, if any,less any insurance proceeds received by Buyer covering such 396 repair or replacement. The risk of loss for any damage to growing crops,by fire or other casualty,shall be 397 borne by the party entitled to the growing crm,if any,as provided in$3 and such party shall be entitled to 398 such insurance proceeds or benefits for the wowing crops,if any. 399 c. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have 400 the right to walk through the Property prior to Closing to verify that the physical condition of the Property 401 and Inclusions complies with this contract. 402 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer 403 and Seller acknowledge that the respective broker has advised that this document has important legal 404 consequences and has recommended the examination of title and consultation with legal and tax or other 405 counsel before signing this contract. 406 20. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. if any note 407 Or check received as Earnest Money hereunder or any other payment due hereunder is not paid,honored or 4(18 tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there 409 shall be the following remedies: 410 a. If Buyer is in Default: 411 ❑ (1) Specific Performance. Seller may elect to treat this contract as canceled,in 412 which case all payments and things of value received hereunder shall be forfeited and retained on behalf of 413 Seller,and Seller may recover such damages as may he proper,or Seller may elect to treat this contract as 414 being in full force and effect and Seller shall have the right to specific performance or damages.or both. 415 (2) Liquidated Damages. All payments and things of value received hereunder shall 416 be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all 417 obligations hereunder. It is agreed that such payments and things of value arc LIQUIDATED DAMAGES 418 and(except as provided in subsection c)arc SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to 419 perform the obligations of this contract. Seller expressly waives the remedies of specific performance and 420 additional damages. 421 b. If Seller is in Default: Buyer may elect to treat this contract as canceled,in which case all 422 payments and things of value received hereunder shall be returned and Buyer may recover such damages as 423 may he proper.or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have 424 the right to specific performance or damages,or both. 425 c. Costs and Expenses. in the event of any arbitration or litigation relating to this contract, 426 the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney 427 and legal fees. 428 21. MEDIATION. if a dispute arises relating to this contract,prior to or after closing,and is not 429 resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a 430 process in which the parties meet with an impartial person who helps to resolve the dispute informally and 431 confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any 432 settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the 433 cost of such mediation. The mediation,unless otherwise agreed,shall terminate in the event the entire 434 dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by one 435 party to the other at the party's last known address. This section shall not alter any date in this contract, 436 unless otherwise agreed. 437 22. EARNEST MONEY DISPUTE. in the event of any controversy regarding the Earnest Money and 438 things of value(notwithstanding any termination of this contract or mutual written isntructions),Earnest 439 Money 1-(older shall not be required to take any action. Earnest Money Holder may await any proceeding,or CRS 3-7-04 CONTR TA11 I' ,AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) Ioi27;200p 11:38Page 8 of(1 Buyer initials <�C~r' Seller initials So �� .%. 325 the date SIpecitied as the Closing Date(§2c)or by mutual agreement at an earlier date. The hour and place of 326 Closing shall be as designated by Listing Brokerage. 327 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and 328 compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and 329 sufficient Special Warranty deed to Buyer,at Closing,conveying the Property free and clear of all 330 taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free 331 and clear of all liens, including any governmental liens for special improvements installed as of the date of 332 Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to: 333 a. those specific Exceptions described by reference to recorded documents as reflected in the 334 Title Documents accepted by Buyer in accordance with§8a(Title Review), 335 b. distribution utility easements, 336 c. those specifically described rights of third parties not shown by the public records of which 337 Buyer has actual knowledge and which were accepted by Buyer in accordance with§8b(Matters not Shown 338 by the Public Records),and§8c(Survey Review), 339 d. inclusion of the Property within any special taxing district, 340 e. the benefits and burdens of any declaration and party wall agreements, if any,and 341 f. other N/A 342 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or 343 before Closing from the proceeds of this transaction or from any other source. 344 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good 345 Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise 346 provided herein. Buyer and Seller shall sign and complete all customary or reasonably,required documents at 347 or before Closing. Fees for real estate Closing services shall be paid at Closing by LJ One-Half by Buyer 348 and One-Half by Seller ❑ Buyer ❑ Seller ❑ Other N/A. 350 351 The local transfer tax of N/A %of the Purchase Price shall be paid at Closing by ❑ One-half 352 by Buyer and One-half by Seller E Buyer ❑ Seller ❑ Other N/A. 353 Any sales and use tax that may accrue because of this transaction shall be paid when due 354 by ❑ Buyer ❑ Seller. 355 15. PRORATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise 356 provided: 357 a. Taxes. Personal property taxes, if any,and general real estate taxes for the year of Closing, 358 based on ❑ Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy 359 and Most Recent Assessment ❑ Other N/A; 361 b. Rents. Rents based on ❑ Rents Actually Received ❑ Accrued. Security deposits held 362 by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such 363 leases. 364 365 c. Other Prorations. V4'ater and sewer charges; interest on any continuing loan,and 366 N/A. 367 d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 368 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and 369 Possession Time(§2c),subject to the following leases or tenancies: (1) Oil & Gas leases, if any (2) Seller's possession of crops per paragraph .3g. 372 If Seller.after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and 373 shall be additionally liable to Buyer for payment of$250.00 per day from the Possession Date(§2c)until 374 possession is delivered. 375 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior 376 written consent. Except as so restricted,this contract shall inure to the benefit of and be binding upon the 377 heirs.personal representatives,successors and assigns of the parties. 378 18. INSURANCE; CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS. Except as 379 otherwise provided in this contract,the Property,Inclusions or both shall be delivered in the condition 380 existing as of the date of this contract,ordinary wear and tear excepted. 381 a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or 382 other casualty prior to Closing,in an amount of not more than ten percent of the total Purchase Price,Seller CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/2 '2006 I I:38Pagc 7 of I I Buyer initials f -, Seller initials ' r L '1 440 at its option and sole discretion, interplead all parties and deposit any money or things of value into a court of 441 competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 442 23. TERMINATION. In the event this contract is terminated,all payments and things of value 443 received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to 444 §§ I0d.21 and 22. 445 24. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by 446 the Colorado Real Estate Commission.) 447 a. Use By Special Review (USE) Permit: Seller hereby acknowledges and shall agree to cooperate with Buyer's application for a Use By Special Review (USE) Permit with the Weld County Department of Planning & Zoning. However, Seller shall bear no material cost for such cooperation. Buyer agrees to provide to Seller copies of all documents related to such application including, but not limited to, surveys, soil tests, environmental analyses or any other necessary documentation. b. Closing: Closing date shall be at the earlier of 07/27/07 or within five (5) business days of the conditional approval of the Use By Special Review (USR) Permit by the Weld County Commissioners. c. Earnest Money: Earnest Money deposits shall be in the form of two (2) promissory notes. The first promissory note will be in the amount of $5,000.00 and shall become due, payable, non-refundable to Buyer and released to the Seller on the Inspection Objection deadline of 12/18/06. The second promissory note will be in the amount of $10,000.00 and shall become due, payable, non-refundable to Buyer and released to the Seller on 04/27/07. Earnest Money shall be non-refundable to Buyer after the passing of these dates, regardless of the outcome of this contract and subject to no other conditions. Buyer and Seller shall agree to sign any documents required by the Title Company to release such Earnest Money. d. Loan Commitment Deadline and Appraisal Condition: No Earnest Money deposit shall be conditional upon the Loan Commitment provisions of paragraph 5b or the Appraisal Provisions of paragraph 6. All Earnest Money is considered non-refundable regardless of the outcome of the Loan Commitment or Appraisal. e. Survey and Records: Seller shall provide Buyer with all surveys and records in their possession, if any, on or before fourteen (14) business days of mutual execution of this Contract. f. Inspection & Due Diligence: Seller hereby grants to Buyer and/or Buyer's agents access to the subject property and/or property records and reports for the purpose of inspection, environmental assessments, soil testing, structural assessments, water well testing, feasibility analysis and any other assessments or analysis Buyer deems necessary to determine if the subject property is suitable for Buyer's intended uses. Buyer hereby indemnifies and shall hold Seller harmless for all damages and liabilities which may be created as a result of Buyer's inspection. In the event Buyer gives written notice to Seller that the Buyer does not want to proceed for any reason with the purchase of the property on or before the Inspection objection Deadline, then this contract shall become null and void and of no other force and effect. g. Property Disclosure: Property is being sold as is, where is. Seller shall be under no obligation to provide a Seller's Property Disclosure. h. Buyer acknowledges that Seller has been notified of the possibility CRS 3-7-04 CONTRACT TO BU.AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/272006 :35Page 9 of 11 Buyer initials Seller initials i• of future oil & gas exploration on or near the subject property. Seller shall allow Buyer to be involved and party to any negotiations with the oil & gas exploration company during the period this contract is in effect. Buyer will also be allowed to perform reasonable due dilligence in regard to such future oil & gas exploration upon the property. i. "1031" Cooperation: Buyer and Seller shall cooperate with one another in order to effect a like kind exchange of properties in accordance with the provisions of Section 1031 of the Internal Revenue Code of 1986 as amended. Said cooperation shall be at no additional actual cost or liability to either party. Cooperation shall not extend beyond the date of closing. 450 451 25. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This agreement constitutes the entire 452 contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto, 453 whether oral or written,have been merged and integrated into this contract. No subsequent modification of 454 any of the terms of this contract shall be valid,binding upon the parties,or enforceable unless made in 455 writing and signed by the parties. Any obligation in this contract that,by its terms,is intended to be 456 performed after termination or Closing shall survive the same. 457 26. NOTICE,DELIVERY AND CHOICE OF LAW. 458 a. Physical Delivery. Except for the notice requesting mediation described in§21,and 459 except as provided in§26b below,all notices must be in writing. Any notice to Buyer shall be effective 460 when received by Buyer or by Selling Brokerage Firm,and any notice to Seller shall be effective when 461 received by Seller or Listing Brokerage Finn. 462 b- Electronic Delivery. As an alternative to physical delivery,any signed document and . 463 written notice may be delivered in electronic form by the following indicated methods only: ID Facsimile 464 E-mail ❑ None. Documents with original signatures shall be provided upon request of any party. 465 c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and 466 construed in accordance with the laws of the State of Colorado that would be applicable to Colorado 467 residents who sign a contract in this state for property located in Colorado. 468 27. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in 469 writing,by Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of 470 acceptance pursuant to§26 on or before Acceptance Deadline Date(§2c)and Acceptance Deadline Time 471 (§2c). If accepted,this document shall become a contract between Seller and Buyer. A copy of this 472 document may he executed by each party,separately,and when each party has executed a copy thereof,such 473 copies taken together shall be deemed to be a full and complete contract b 1ween the parties. 474 _______--- Date: /6/97/x'C,-' Buy Donald E an /or assigns Address: 13738 Star Creek Drive Broomfield, CO 80020 Phone No.: (720) 887-6716 Fax No.: N/A 485 486 'NOTE: If this offer is being countered or rejected,do not sign this document. Refer to§28} 487 Date: ILL -i 3 LI lc Seller Henry Wallace Johnston Address: 4015 NCR 13 Dacono, CO 80514 Phone No.: (303) 833-3077 Fax No.: N/A CBS 3-7-04 CONTR-1TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) I O/27r200t I I:3Rage 10 of II •Th Ru'er initials / Seller initials ji.X, •,`j) a• •1 Date: /71 - 4.G �j., ;�. .. ,._ . ,:1(4,/.4, Seller Ruth Irene Johnston Address: 4 015 WCR 13 Dacono, CO 80514 Phone No.: N/A Fax No.: N/A 498 499 28. COUNTER: REJECTION. This offer is ❑ Countered ❑ Rejected. 500 Initials only of party(Buyer or Seller)who countered or rejected offer 501 502 END OF CONTRACT 503 ,Note: Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§2c). J 504 505 506 507 BROKER ACKNOWLEDGMENTS.The undersigned Brokers acknowledge receipt of the Earnest 508 Money deposit specified in§4 and,while not parties to the contract,agree to cooperate upon request with 509 any mediation conducted under$•21. 510 51i l The Selling Broker is a ❑ Buyer's Agent 0V Transaction-Broker in this transaction. 512 5I 3 The Listing Broker is a ❑ Seller's Agent ® Transaction-Broker in this transaction. 514 515 BROKERS'COMPENSATION DISCLOSURE. 516 Selling Brokera a Finn's compensation or commission is to be paid by ❑ Listing Brokerage Firm 517 ❑ Buyer L Other N/A. 518 519 (To be completed by Listing Broker)Listing Brokerage Firm's compensation or commission is to be paid by: 520 Seller ❑ Buyer ❑ Other N/A 521 521 523 Selling Brokerage Firm's Name: N/A 524 Date: Broker N/A 525 Address: N/A 526 Phone No.: N/A Fax No.: N/A 527 528 529 Listing Brokerage Finn's Name: LandProfesaionaIe, LLC 530 Date: Broker Brad Bearson 531 Address: 4350 Hwy 66, Longmont:, CO 80504 532 Phone No.: 9705354941 Fax No.: 9705359854 CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 1O'27/2006 I f:3Bage 11 of t 1 Buyer initials J " Seller initials f ' T, 'l iiii LAN PR COMPLETE LAND AND RESOURCE SOLUTIONS Exhibit A -Attached to the contract between Johnston-Eymann dated 10/24/06: t fii`. I 4'ie� �', r7 1 .' I f 1r. fr.,-of, "1: t 'k 11 r'4'6tX 1 £kjtf''' .: W+ iA Tr L ." x' mow' ift. ,, 1 .. r; '.�� c � t+k� � .h�',k§ r Y`nie�a o it t �° TM.Mx" w..... ,.. Subject t / �4-Y e�` . elf _i.1 P; a �-§ a i'p n �14� a -641 ' 4 - 13 acres ` ,a�� Yi �, aMu"'wr«.w : ''ic c4C r , � v �t f I , ,A �. I -.1c, r • . t v �t a.y1. ti } -. • : A',43y,,I .. I .qt .__ r 5 1 4 t ; A ."°niv , .. - stn A tract of land located in Section 25,Township I North,Range Westofihe 6th P.M.,Weld County,Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89°48'East, 145.47 feet;thence South 89°48' West,780.87 feet along the North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad;thence on a curve to the left along the Easterly right of way of the Union Pacific Railroad on an arc length of 740.05 feet and a central angle of 11°19'30"to a point of tangent;thence South 23°50'East,369.98 feet to the Northerly right of way of the Bull Canal; thence along said Northerly right of way by the following courses and distances;North 65°03'East 313.67 feet to a point of curvature; thence on the arc of said curve to the left 199.56 feet,said curve having a radius of 188.06 feet and a central angle of 60°48'to its point of tangency;thence North 4°15'East,297.66 feet to a point of curvature;thence on the arc of a curve to the left 91.00 feet,said curve having a radius of 280.33 feet and a central angle of I 8°36'to a point of reversed curve; thence on the arc of said curve to the right 102.62 feet, said curve having a radius of 945.75 feet and a central angle of 6°13'to its point of tangency; thence North 8°08' West, 43.88 feet to a point of curvature;thence on the arc of said curve to the right 82.93 feet,said curve having a radius of 685.30 feet and a central angle of 6°56'to its point of tangency;thence North 1°1 T West,54.61 feet to a point of curvature;thence on the arc of said curve to the right 61.66 feet,said curve having aradius of 120°86 feet and a cettral angle of29°14'to its point of tangency;thence North 28°02'East,30.11 feet to the point of beginning, except and reserving,all oil,gas and other mineral rights not previously reserved,l.ogether with full rights of ingress and egress to and from the lands for the purpose of exploiting all of such oil,gas and other mineral rights. ^ REAL ESTATE, PLANNING/ZONING, CONSULTING LANDPROFESSIONALS,LLC 4350 Highway 66•Longmont,CO 80504 a office 970335.4941 a metro 303.485.7838 • fax 970.535.9854 • brad@landpros.net �r CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The North American TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of Its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: SEE ATTACHED RIDER CONVEYANCES (if none appear,so state): • • Reception No. 1573170 Book Fi 51 Reception No._ 2939551 Book Reception No. 2939555 Book Reception No; 2977_657 Book Reception No, Book Reception No. Book Reception No. Book Reception No._ Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. • This certificate is not to be constructed as an Abstract of Title nor art opinion of Title, nor a guarantee Title and the liability of North Amer-1 op-tiTi t P COMPANY,is hereby limited to the fee paid for this Certificate. In Witness Whereof,_North AmPr-i ran T; -lP COMPANY, has caused this certificate to be signed by its proper officer this 26th day of January ,20 Q7 _, at Fort Col J ins • Company: North Ap2Pri.cau. Title Company By: VbQ j 1' Authorizenat -8- r".... � Aal! T 1•DTI • • lilli •t: AIM_s .r.. �En alai i1UI TUNED MI, INC. INN Dellitif jilt n . a.+fakEaadabaadaawdrrM any dw Des SLf • _ ' 1,&I 7 . S t° y a.t as Sift a O.tw./. •' ?‘ tl..,albsIs • - - Onon: Veld r wd OS III � . s 01‘01001 ,5siw.rdM•H.a et FOURTEEN tMOJJSAND SEVENMMo5Eo 1 NQ-%•••••, • . .... 4 b.+dral&herebs Wl(r)rrd...r.rW 4 a . A PIEMdl JOSTOI and IEMR4 JGIHSTON. as tenants In talon ~ • O 10110 tam le ,OCT et e • • Veld ..altaawd Colorado .wbMwlad..alaaaMV Y Os .• ass'.t Veld ,a l Moe ett1d• K.►der II 3 I . . SEE exam ATTACHED. . . • ' eMb J* SirlW_I 2D MsrwalwA r inMwats. H t of - rq and rstinatlww ta.. uoassas . fua. dr dur s• District.~the sn1Mt r Area Firs P ont tctitionn DistrictSE Mgt W Moiters Coill lorado M Vet - Mar Connwanq District. Mart Ilk Sth dgst karat ,1571 . rams_ la[. _ nrr+ v y// _._Noreon G. Goidaan .. NUTS o• mama s st TT a tw.adq lan....at wee••Ver.MAM Mim s alb 5th W.t AuMst • U 71 .by John C. Breaths . . . • bolds isd rt G. tuldaM le l••••••« ,, ♦ ,..aatt•a00. if i� • • : to �•�ss1IIV Na4 i , ., ia.wrwww.w.wr.-ar++ as_ .rr.w..ar.elad. 4 dr t J'F f'r litNIR ^, - ,�e�yy61 T�ot�y Fates. grace. Wars. hind NomeJOh ton and Meng Jdmaton " i . . x EMISIT A . A tract of land located to Section 25, Township 1 North, Range 6$Vast of the 6th P.M., Wel4 County, Colorado, described as follows: beginning eta point on the Westerly Nppt-of-ray of Solt Canal and on the North line of said Section 25 fray which point the North quarter corner of said Section 26 _ -. boas Worth 85 ' Eat, 145.47 feet: . thanes t�Easterly$' Vesest, 71W6of etthe l� hePa North hc Railroad;lne of said Section theses one one to the left along the Easterly right-of-my of the Union Pabific Railroad on an arc length of 740.06 feet old a control angle of 11 19'30' to a 'Diet of tangent; thence Swath 23"50' East, 369.9$ feet to the Northerly right-of-ray of the gull Carnal: thence along said Northerly right-of-ray by the following courses and • North 66'03' • thence theEast arc of3sa said curve to the n left 1L 54 hit, said am having • • aaarnMele of 185.06 feet and a central angle of 60'41' to its point of - yenta Mereh 4015' Eat, 297.66 feet to a point of timeshare' • thence antra arc of a curve to the left 91.00 feet, said am having a radius of 290.33 feet and a central angle of 11'36' to a point of reversed am: right a raadiu oe the arc of said curve to s of 945.75 feet and central angle to 6'13'6 tot its point curve having thence North imps' West, 43.85 feet to a pint of curvature: • theta en tho are of said curve to the right $2.93 feet, said curve having a ' ._ . . radius of 41116.j0 feet and a astral angle of 6'56' to its point of tangency: thence North 1'12' 1st, 54.61 feet to a point of curvature; - thong a the ere of said curve to the right i1.K feet, said am having thence Month £V02'feet and 30.11onfeetlto the p1ngle of 2n9t"of'bp/iwlnptnt of tatganC: ' EXCEPT AMD RESERVING, hoover, unto the parties of the first part all oil, 9u and other mineral rights not previously reserved on or underlying the property ress to and froof land for the together ofiexploiting full 9allt af ofisuch oilress ,.gas and other elneral rights. n . . • 1111111 1111 1111111 III II 11111 11 Il i AIM III Ell I I I 1111111 1 2939651 0/70312002 01:01P JA Suld Teukamoto 551 • 1 of 1 R 6.00 0 0.00 Weld County C0 PERSONAL REPRESENTATIVES DEED (Testate Estate) THIS DEED is made by Henry W.Johnston as Personal Representative of the Estate of Herman Frank Johnston, also known as Herman Johnston, deceased, Grantor, to the Herman Frank Johnston Trust dated April 13, 1992,Grantee,whose legal address is 4015 Weld County Road 13, Erie,Colorado, 80516, of the County of Weld, State of Colorado. The beneficiaries of the trust are the Herman Frank Johnston Family Trust created under trust agreement dated April 13, 1992 for the benefit of Henry Wallace Johnston and Ruth Irene Johnston, and Henry Wallace Johnston, Ruth Irene Johnston, Eileen Hinkle and Sharon Tucker, individually. An Affidavit for Property Held in Trust has been recorded simultaneously herewith. WHEREAS, the Last Will and Testament of the above-named decedent was made and duly executed in the lifetime of the decedent and Is dated April 13, 1992 and was amended by holographic codicil dated June 1, 2000. The Last Will and Testament dated Apri 13, 1992 was duly admitted to informal probate on March 22, 2001. Both the decedent's Last Will and Testament dated April 13, 1992 and the decedent's holographic codicil were duly admitted to formal probate on October 23, 2001, by the District Court in and for the County of Weld,State of Colorado,Probate No.01 PR 90. WHEREAS,Grantor was duly appointed as Personal Representative of said Estate on March 22, 2001 and confirmed as Personal Representative of said Estate on October 23,2001,and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee, the following described real property situate in the County of Weld and State of Colorado: An undivided one-half interest in: A tract of land located in Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89°48'East,145.47 feet;thence South 89°48'West,780.87 feet along the North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad; thence on a curve to the left along the Easterly right of way of the Union Pacific Railroad on an arc length of 740.05 feet and a central angle of 11°19'30"to a point of tangent;thence South 23°50'East, 369.98 feet to the Northerly right of way of the Bull Canal;thence along said Northerly right of way by the following courses and distances; North 65°03' East 313.67 feet to a point of curvature;thence on the arc of said curve to the left 199.56 feet,said curve having a radius of 188.06 feet and a central angle of 60°48'to its point of tangency;thence North 4°15' East, 297.66 feet to a point of curvature; thence on the arc of a curve to the left 91.00 feet, said curve having a radius of 280.33 feet and a central angle of 18°36'to a point of reversed curve;thence on the arc of said curve to the right 102.62 feet,said curve having a radius of 945.75 feet and a central angle of 6°13' to its point of tangency;thence North 8°08'West,43.88 feet to a point of curvature;thence on the arc of said curve to the right 82.93 feet,said curve having a radius of 685.30 feet and a central angle of 6°56'to its point of tangency;thence North 1°12'West,54.61 feet to a point of curvature;thence on the arc of said curve to the right 61.66 feet,said curve having a radius of 120°86 feet and a central angle of 29°14'to Its point of tangency;thence North 28°02'East,30.11 feet to the point of beginning.except and reserving,all oil, gas and other mineral rights not previously reserved,together with full rights of ingress and egress to and from the lands for the purpose of exploiting all of such oil,gas and other mineral rights. With all appurtenances, subject to covenants, easements and restrictions in place or of record and subject to general real property taxes for the year 2001. As used herein,the singular indicates the plural and the plural the singular. Executed December 28,2001. t`/. Henry W.Joh n, Personal Representative of the Estate of Herman Frank Johnston, also known as Herman Johnston,Deceased STATE OF COLORADO ) ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 28th day of December,2001,by Henry W. Johnston, Personal Representative of the Estate of Herman Frank Johnston, also known as HMy man Johnston,Dece da�, My commission expires: Witness4hand official seal L[� Notary Public V ITCH 4 t—C 4P,�/ .:D -O STA1E • u r. SKLD NA 10. 102.7. 57 WE 2939551-2002. 001 LINDA 1 566 QUITCLAIM DEED THIS DEED, dated December 28, 2001, between Henry Wallace Johnston and Ruth Irene Johnston,Trustees of the Herman Frank Johnston Trust dated April 13, 1992,whose legal address is 4015 Weld County Road 13, Erie,Colorado,80516,of the County of Weld and State of Colorado, grantor,and the Herman Frank Johnston Family Trust created under trust agreement dated April 13, 1992 whose legal address Is 4015 Weld County Road 13, Erie, Colorado, 80516, of the County of Weld and State of Colorado,grantee. The beneficiaries of the trust are Henry Wallace Johnston and Ruth Irene Johnston. An Affidavit for Property Held in Trust has been recorded simultaneously herewith. WITNESSETH, that the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00),the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,described as follows: An undivided one-half interest in: A tract of land located in Section 25,Township 1 North,Range 68 West of the 6th P.M.,Weld County, Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89°48' East, 145.47 feet;thence South 89°48'West, 780.87 feet along the North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad;thence on a curve to the left along the Easterly right of way of the Union Pacific Railroad on an arc length of 740.05 feet and a central angle of 11°19'30"to a point of tangent;thence South 23°50'East,369.98 feet to the Northerly right of way of the Bull Canal;thence along said Northerly right of way by the following courses and distances; North 65°03' East 313.67 feet to a point of curvature;thence on the arc of said curve to the left 199.56 feet,said curve having a radius of 188.06 feet and a central angle of 60°48'to its point of tangency;thence North 4°15'East,297.66 feet to a point of curvature; thence on the arc of a curve to the left 91.00 feet, said curve having a radius of 280.33 feet and a central angle of 18°36' to a point of reversed curve; thence on the arc of said curve to the right 102.62 feet, said curve having a radius of 945.75 feet and a central angle of 6'13' to its point of tangency; thence North 8°08' West, 43.88 feet to a point of curvature; thence on the arc of said curve to the right 82.93 feet,said curve having a radius of 685.30 feet and a central angle of 6°56'to its point of tangency;thence North 1°12'West, 54.61 feet to a point of curvature;thence on the arc of said curve to the right 61.66 feet,said curve having a radius of 120°86 feet and a central angle of 29°14'to its point of tangency;thence North 28°02'East,30.11 feet to the point of beginning.except and reserving,all oil,gas and other mineral rights not previously reserved,together with full rights of ingress and egress to and from the lands for the purpose of exploiting all of such oil,gas and other mineral rights. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use; benefit and behoof of the grantee,its heirs and assigns forever. /'�+�IyN WITNESS WHEREOF,The grantor has executed this deed on the date set forth above. ral h.Henry Wallace Johnston,�o Trustee the Herman Frank Johnston Trust Dated April 13, 1992 �ii , J.ea—.e uth Irene Johnsto • nrstee of the Herman Frank Johnston Trust Dated April 13,1992 STATE OF COLORADO ) )ss. County of Larimer ) The foregoing instrument was acknowledged before me this 28"'day of December, 2001 by Henry Wallace Johnston and Ruth Irene Johnston, Trustees of the Herman Frank Johnston Trus April 13, 1992. �E L Witness my hand and official e¢I - °,.S, My commission expires: I/ O I l rifl� •t N O TA a 1- srpVe ICL 1111111111111111111 IIIII IIIII �� Ill IIIIIII ill 1111 liii lAI No r o. 2939055 0410:12002 01:01P JA Suki Tsukamoto 1 SKLD ANA 10.102.7 .57 WE 2939555-2002. 001 LINDA MIN 111111111111I MIL dill IIII 11II 2939566 04103/2002 01:01P JA Sold Teukamolo 2 of 2•II 10.00 0 0.00 Weld County CO AFFIDAVIT FOR PROPERTY HELD IN TRUST OR JOINT VENTURE STATE OF COLORADO ss. COUNTY OF WELD The undersigned being of lawful age,being first duly sworn,upon oath deposes and says: 1. This Affidavit relates to a trust. 2. Affiant(s)is a trustee of the trust named below,and has the authority to execute and record this Affidavit. 3. The name of the trust which may acquire,convey,encumber,lease,or otherwise deal with any interest in real property is the Herman Frank Johnston Family Trust created under trust agreement dated April 13. 1992 4. The names and addresses of all the trustees of the trust or all the joint venturers of the joint venture are: Name Address Henry Wallace Johnston 4015 Weld County Road 13.Erie.Colorado 80516 Ruth Irene Johnston 4015 Weld County Road 13.Erie,Colorado 80516 5. ALL of the trustees or joint venturers are required to act on behalf of the trust or joint venture in any acquisition, conveyance,encumbrance,lease,or other dealing with an interest in property in the name of the trust or joint venture. 6. This affidavit is executed and recorded pursuant to the provisions of Section 38-30- 166,C.R.S. Affiants* g, . , S.. _P G ,.G_�Z,t, HenryWallace to on Ruth Irene Johnston mx NOTARY: Subscribed and sworn to before me this 28th day of December,2001. : CID .PUBLIC:$ Witness my hand and seal. �'•., My commission express Vain/00, iyet< 4 �O........P xxl l� HNu Notary Public If ALL of the trustees or joint venturers arc required to act as in paragraph 5,this Affidavit shall be executed by at least one trustee or joint venturer named in this Affidavit. If FEWER THAN ALL of the trustees or joint venturers are authorized to act as in paragraph 5,this Affidavit shall be executed by all of the trustees or all of the joint venturers named in paragraph 4 of this Affidavit. No.300 Rev.7-92 SKLD NA 10. 102.7.57 WE 2939555-2002. 002 LINDA 11111111111IIIIIII111111111111111 nail III 11111 IIII 2977857 09/13/2002 11:57A Weld County,CO 1 of 1 R 5.00 D 0.00 J.A."Sukl"Tsukamoto B67 QUITCLAIM DEED THIS DEED,datedAt(414",4 tl,22 oetween the Herman Frank Johnston Family Trust created under trust agreement dated April 13, 1992 whose legal address is 4015 Weld County Road 13, Erie,Colorado,80516,of the County of Weld and State of Colorado,grantor,the beneficiaries of the trust are Henry Wallace Johnston and Ruth Irene Johnston, and Henry Wallace Johnston and Ruth Irene Johnston, as tenants in common, whose legal address is 4015 Weld County Road 13, Erie, Colorado,80516,of the County of Weld and State of Colorado,grantee. WITNESSETH, that the grantor, for and In consideration of the sum of TEN DOLLARS ($10.00),the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property,together with improvements, If any, situate, lying and being in the County of Weld and State of Colorado,described as follows: An undivided one-half interest in: A tract of land located in Section 25,Township 1 North,Range 68 West of the 81"P.M.,Weld County, Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears North 89°48' East, 145.47 feet;thence South 89°48'West, 780.87 feet along the North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad; thence on a curve to the left along the Easterly right of way of the Union Pacific Railroad on an arc length of 740.05 feet and a central angle of 11°19'30°to a point of tangent;thence South 23°50'East, 369.98 feet to the Northerly right of way of the Bull Canal; thence along said Northerly right of way by the following courses and distances; North 65°03' East 313.67 feet to a point of curvature;thence on the arc of said curve to the left 199.56 feet, said curve having a radius of 188.06 feet and a central angle of 60°48'to its point of tangency;thence North 4°15' East,297.86 feet to a point of curvature; thence on the arc of a curve to the left 91.00 feet,said curve having a radius of 280.33 feet and a central angle of 18°36' to a point of reversed curve; thence on the arc of said curve to the right 102.62 feet, said curve having a radius of 945.75 feet and a central angle of 6°13' to its point of tangency; thence North 8°08' West, 43.88 feet to a point of curvature; thence on the arc of said curve to the right 82.93 feet,said curve having a radius of 885.30 feet and a central angle of 6°56'to its point of tangency;thence North 1°12'West, 54.61 feet to a point of curvature;thence on the arc of said curve to the right 61.66 feet,said curve having a radius of 120°86 feet and a central angle of 29°14'to its point of tangency;thence North 28°02' East,30.11 feet to the point of beginning.except and reserving,all oil,gas and other mineral rights not previously reserved,together with full rights of Ingress and egress to and from the lands for the purpose of exploiting all of such oil, gas and other mineral rights. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee,its heirs and assigns forever. Henry Wallace Johnst0h,Trustee of the Herman Frank Johnston Family Trust under trust h agreement dated April 13, 1992 (1 .a y Jane, y1 e Ruth Irene Johnston,T ustee of the Herman Frank Johnston Family Trust under trust agreement dated April 13, 1992 STATE OF COLORADO )ss. County of Larimer te The foregoing instrument was acknowledged before me this {Lt`' day ofpk, 2002 by Henry Wallace Johnston and Ruth Irene Johnston,Trustees of the Herman-Frank Johnston r Family Trust under trust agreement dated April 13, 1992. V m 5 Witness my hand and official seal. • 3 } O My commission expires:1)21211(Yb ALB 9 F' ,� rpo tv +p'pTA4 Y*Pt? Z . m p n €4,:e r ,/ Notary Public L.. W A e ..l No.933.Rev. ..4-94 QUITCLAIM 15°° BV\• a:at SKLD NA 10. 102.7. 57 WE 2977657-2002.001 LINDA og 4 f :t�'�`� f! ,..V -7! .r/LU'.� ` ,f u�.c''t '' �c7 A= . 111 1 ,yen ,. V L .^�7r � �r X• �i 1� �c a� r . t. R[1 NO E'TIFICATI N •F VIT L 'EC+ ' ` •4 .'' STATE OF COLORADO toCOLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT . HOLD TO LIGHT TO VIEW WATERMARK s: i , . STATE OF COLORADO STATE FILE NUMBER r CERTIFICATE OF DEATH ill i 1`DECEDENTS NAME VOW MOW',Lay( .2.SEX 3.DATE OF DEATH 1MOmn.Day,V..rl :. Ruth I. J0HNST0N F January 31, 2007 DECEDENT 4 SOCIAL SECURITY 54.AGE•Last 5D.UNDER 1 YEAR 5c.UNDER 1 DAY 6.DATE OF BIRTH 7.BIRTHPLACE ICily and Srala ur Foraipn NUMBER 81nnd.Y(Years) IMonM,Day Year) Country) 85 41(6 ;DIY' H l :Mr^' March 12. 1421 9 1524- �-9023 Longmont, Colorado WAS E EaENT EVER IN p..PLACE OF DEATH ICte6.Only Oml 4 v {) U.S.ARMED FORCES? HOSPITAL. 7 OTHER OYa [I(f'!0 0Inpallenl 0ERIOutpiI.nl OOOA 0NuninN.OR OTOalanc. )4016.1(SP.6I1y1 Hospice Care i QD.FACILITY NAME NI not msnwmon,Airs sfnN and nurnbe'1os pi ceCa re Q CITY.TOWN.OR LOCATION OF DEATH lb.COUNTY OF OEATN Boulder and Broomfield Counties Care Center Louisville I Boulder 10a.DECEDENT'S USUAL OCCUPATION 10b.KIND OP BUSINESS/INDUSTR1r 1 1.MARITAL STATUS•MarneO. 12.SPOUSE(11 w1/..vim maiden name) -, = IOM Alndof worx done during m00IOI worxrnp life. Never Married,Widowed. Do no use atin4) Orvorc.4lSpeclly) Teacher Public Schools Married Henry W. Johnston I 134.RESIDENCE'STATE 130.COUNTY 13c.CITY.TOWN,OP LOCATION 13d.STREET AND NUMBER !.1. 7 . Colorado Weld Dacono 4015 Weld County Road 13 13..INSIDE 131.ZIP CODE 14.WAS DECEDENT OF HISPANIC ORKiIN7 15.RACE:American Indian, •16.DECEDENTS EDUCATION ISp.cilyool 1ip1.11 CITY ISp0cily or Y.s-It yet,apg8y CCupao, •''Black,WNW,.16.1SIadIy1 91140 6ompl.l.dl EI.m.nlary 01 sec0nary LIMITS? MsalGn.70 erto RICO..ete.l 10 th 0uQII 121 COII.p.(13lEroupn 160.17+) . qtr 80514 la No o Yee Soocay. white 16 17.FATHER'NAMS 17117I.*Add*Last) t6.MOTHER-FUME-(First.41.0410,,Last f41M0.n Nanl.11 H.INFORMANT•NAME and relationship to deceased. RENTS August Borgmann Lillian Swanson Henry W. Johnston - Husband 20$.METHOD OF DISPOSITION 206.PLACE OF DISPOSITION(NH..00 csnl011,y.6'.malOry.Or 20C.LOCATION.City or Town.State I• .I yy� omen Waco 1. 1 i aISPOSIiI aN Veurlal 0Cremation ❑Removal horn Stale Foothills Gardens k 1; 0Oonallon 0OMR,(Sp.6,ly) Longmont, Colorado of Memory Cemetery 21e.SIGNATURE OF FUNERAL DIRECTOR OA PER NACTIN SOUGH - 2/0.NAME AND ADDRESS OF FACILITY: Q AHLBERG FUNERAL CHAPEL lici&e.ill y 326 Terry St. Longmont, CO zip, 80501 22 ISTRAP'S SIGNATJI E 230.DA FRED(Monet,pay.Pau) )1 .. /IaC—P 1 ---y el � �%fl J/ d Oo 7 2� E OF DEA> DATE PRONOUNCED DEAD 26.WAS C NER NOTIFIED? / M (sill Day Y Hour Was or O) i 1918 January 31 200 - 1918 NO TO SE COMPLETED ONLY BY CERTIFYING PHYSICIAN TO BE COMPLETED BY CORONER 26.To ills best Only knowl doe.deals 06601100 a1 to Ilene,dale and plac..and due to 27.Ontt.b*W Of es.min.IIon andforinv°oIIpalon,lnmyopinion dais occurred at th. In*C1uN(.)and monad alt.1.4. n Fete.4eta ano Wades and des to ills uw.1.1 and manner a Halrld • CERTIFIER SIQnaiuH, �(/ t'4—,4 . Sfanafun, 1 28.DATE SIGNED*40017,0.6 Star) "0 • 21.DATE SIGNED(Montt,Day.l'.vl 4 4 2 30.NAME.TITLE AND MAILING MA ADDRESS or CERTIFIER/CORONER trwse/P/nnIp Ziza �/� // //////3- ///'e ( icF 44[�(s�/-ii m// (,�ss /).2 �_1 o/s7>!/% 7 ZIP: ea/! 77 31.NAME OF ATTENDING P YSICIAN II THER THAN CERTIFIER(Type/Pnnrl ritill 4 >35 MANNER OF DEATH 331.DATE OF INJURY 336.NJUROYF 336.%JIMAT 33d.DESCRIBE HOW INJURY OCCURRED :: (Moms,Day.Yowl 'fNatural ❑Pvndlnp D YIN O No 6 In allpetipn M 0 A6cIdent 6 rF 9 o suicide 0 UMetsrminaa 4 1 MannH �°'bolldlrtp.eteN SpOCdH''06'1,1un'.Mnet.Ie6b7.ORlea 33f.LOI:AT10N{&re.1aM Notre*. NumWr.Gry,C0unH.8tale) F O Homicide 34.IMMEDIATE CAUSE'ENTER ONLY ONE CAUSE PER LINE fOR( .(01 AN 1.).)Do net*Mar mode of flying(0.1 C.rdlao Or Resolratory ArreeDelen.. Inl.rvel be"v° o^set PART and deal%. . .aI CAUSE OF I IU hEFow-i— �a t tLA•de- lk IN r4 14U) , I DEATH CONDITIONS DUE TO OR AS ACONSEOUENCE OF Inl.rval between(meet IF GAVE WHICH rI ?j ill 1 Se aM deal _ ,-, GAVE RISE TO (bl 41-k V L4 lwf/' `1 c�.•y 7 V t S�a J'� ll�.Y�.'IIr.`s'I—AJi�. IMMEDIATE CAUSE DUE TO OR AS A CONSEQUENCE OF Interval between 00611 STATING THE and d.eln . UNDERLYING CAUSE t! LAST (61 (C).0 I PART OTHER SIGNIFICANT CONDITIONS•Conditions conbibuu+tq lo death tai pct.414160 louuseN 36.AUTOPSY 36.IF YES w.n MOlrtps cona10.1a0 33 II PART 116 0.*Icons)ab(a,obesity.smoker). (Y.1 a.Not In d.l.rminlnp cause el dark? No I ...... 4G�'ry..eE.QeQ S ÷s-t.....-••--- RONALD oa�����" 111111,, DAiE ISSUED FEB 0 92001y ' 1.ty,r wi, S.HUMAN „.•-••••.Tr, ' I 11h, THIS IS A TRUE CERTIFICATION OF NAME AND FACTS AS STATE REGISTRAR ,� - �'!!!! RECORDED IN THIS OFFICE.Do not accept unless prepared on ', security paper with engraved border displaying the Colorado state seal a and signature of the Registrar,PENALTY BY LAW,Section 25-2-118, iIlllIli '' x- "" e''II {I I I ll I i I ll 1 `� .1. a Colorado Revised Statutes, 1982,if tt person alters,uses,attempts to f + �!� use or furnishes to another far deceptive use any vital statistics record. Q j ' ' S 1 5 'ri\.y aw l: r NOT VALID IF PHOTOCOPIED s' ' ... lily REV 07/06 .14 �' ,It I� It T` • 'a`� tl];I] YC j,ANY ALTE ATI•N eR ERASU }ELY I BS THIS CE TIFIC+A,�T.�E r 1 '� �'i- • `",i`1 i- r 4 �r i `-itL LI' • "�. Seri of _' .1 „V i u 1,\'. J•,•. ill S e.:/ . Hello